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2009 Supreme(Ker) 808

PIUS C.KURIAKOSE, ANTONY DOMINIC
State Of Kerala, Rep By The Principal Secretary To Government, Department Of Higher Education, Government. – Appellant
Versus
Arun George, Lecturer, Department Of English, Catholicate College – Respondent


Advocates Appeared:For the Petitioners:K.K. Ravindranath, Government Pleader. For the Respondents:T.P. Kelu Nambiar, Senior Advocate, Babu Varghese, Manju Antoney,
T.J. Thomas (Aluva),Advocates, V.A. Muhammed, S.C, M.G. University.

Judgment :

Antony Dominic, J

The issue arising in these cases being common, the cases were heard together and are disposed of by this common judgment.

2. W.A.No.2529 of 2005 is treated as the leading case and the pleadings in that case, along with the pleadings and documents in R.P.No.101/08 are referred to, for convenience.

3. This appeal filed by the State of Kerala and others, arises from the judgment of the Learned Single Judge in WPC 482 of 2005. Since the matter is being reconsidered consequent on our order in RP Nos.101 of 2008 and 180 of 2008, in which several additional documents have been produced and affidavits filed, we consider it only appropriate that the facts and the documents are referred to in detail.

4. Respondents 1 to 7 are Lecturers appointed by the 8th respondent, the Manager, Malankara Orthodox Church Colleges, who is the Manager of Catholicate College, Pathanamthitta, Baselious College, Kottayam and K.G. College, Pambady. According to 8th respondent by Ext.P2, G.O.(Ms) No.134/98/H.Edn. dated 09.11.1998 and Ext.P2(a),

G.O. (Ms) No. 162/99/H.Edn., dated 06.12.1999, in order to accommodate lecturers rendered surplus due to delinking of Pre-degree courses from


































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